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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.02.22 2017노9074
모욕등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Mental and physical disorder - With regard to the crime of 1726 high group 2016 high group, the Defendant was drunk at the time of committing the crime of insult and obstruction of performance of official duties in the instant case, and was in a state of weak social and physical disorder.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to each evidence duly adopted and examined by the lower court regarding the assertion of mental disorder, it is recognized that the Defendant was under the influence of alcohol at the time of committing the insult and performance of official duties in the instant case.

However, in light of the circumstances leading to the above crime, the specific method of the crime, the defendant's behavior and attitude shown before and after the crime, and the circumstances after the crime, etc., the defendant had the ability to discern things or make decisions due to drinking at the time of the crime in this case.

Therefore, this part of the defendant's assertion is without merit.

B. The fact that the Defendant recognized each of the instant crimes, against whom the Defendant recognized and reflected each of the instant crimes, G is the victim of the crime obstructing the performance of duties, suffering from blood cancer, and suffering from a de facto marriage spouse with disability, is the position that should look at the spouse of a de facto marriage with disability, etc. is favorable to the Defendant.

However, the crime of this case was committed under the influence of alcohol by the defendant, who takes a bath for a taxi engineer, assaulted a police officer dispatched after receiving a report to interfere with the performance of his duties, and obstructed the business of the victim G by avoiding disturbance in the restaurant, and in light of the content of the crime, the crime of this case was committed during the repeated crime period due to damage to public goods, etc., and the defendant committed several criminal offenses including criminal records and criminal records, such as obstruction of duties, etc., and committed various sentencing conditions, including the defendant's age, sexual behavior, environment, family relationship, motive, and circumstances after the crime.

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